CAN I SUE THE MBTA FOR AN INJURY?
Reckless Driving/Driving to Endanger | Boston Crime Lawyers ...
When the MBTA Might Be at Fault
The MBTA is not immune to having a civil claim brought against them should it become necessary, and in many cases it has become so. In order to successfully bring a claim against the MBTA, we will need to prove irresponsible or negligent conduct.
For example, perhaps it was noted that this particular bus needed repairs, but the higher-ups have concluded this was not a necessary expense at the time. If the bus is then involved in an accident caused by parts that needed repairs, the MBTA could be found liable.
Another common instance of MBTA fault is the hiring of inexperienced or ill-equipped drivers. If a bus driver has a history of poor driving, or no experience driving a bus and subsequently causes an accident, the MBTA could be partially to blame, as they should have done their due diligence prior to hiring the reckless bus driver.
Other Liable Parties
Although you certainly can file a claim against the MBTA, it is not as common to pursue these claims with the MBTA as the sole liable party, and someone else is usually also found to be at fault. For example, when a bus driver causes an accident due to distracted, drowsy, or aggressive driving, or if they were operating the bus while under the influence of drugs or alcohol, the bus driver should be found liable.
In the event that there is something wrong with the bus itself, the manufacturer of the bus, parts manufacturers, safety inspectors, technicians who perform maintenance on the bus, and anyone else who shared responsibility for ensuring the busses safety prior to it being used for public transportation could be to blame alongside the MBTA.
Your lawyer will need to conduct an investigation into the collision in order to determine who is at fault, if you have a case, and how the MBTA may have contributed to your injuries, if at all.
